Work & The Law

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Unpaid Overtime Class Action Granted Class Certification

The U.S. District Court for the District of Massachusetts has granted class certification of a group of “fresh department managers” who worked for Hannaford Brothers grocery store and are seeking to recover unpaid overtime and Sunday pay compensation. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Judith Prinzo (‘Prinzo’) requests that this Court certify

Read More »

As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

Read More »

Age Discrimination Case to go to Trial in Boston Federal Court

The U.S. District Court for the District of Massachusetts rules that employer’s suggestions of retirement to employee and reallocation of responsibilities to younger employee warrants a trial on employee’s age discrimination claim. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Richard J. Durepo, Jr. (Plaintiff), brings this action against his former employer, Eastman Chemical

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Overtime Exemption for Administrative Employees Narrowed

The First Circuit Court of Appeals has issued a ruling narrowing the overtime exemption for administrative employees, providing greater overtime rights for administrative workers.” United States Court of Appeals, For the First Circuit SUMMARY: (court decision – opens in PDF) “Compliance with the Fair Labor Standards Act’s (‘FLSA’) overtime pay requirements is critical to ensuring worker protections. Before us, Appellant,

Read More »

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Read More »

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Unpaid Overtime Class Action Granted Class Certification

The U.S. District Court for the District of Massachusetts has granted class certification of a group of “fresh department managers” who worked for Hannaford Brothers grocery store and are seeking to recover unpaid overtime and Sunday pay compensation. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Judith Prinzo (‘Prinzo’) requests that this Court certify

Read More »

As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

Read More »

Age Discrimination Case to go to Trial in Boston Federal Court

The U.S. District Court for the District of Massachusetts rules that employer’s suggestions of retirement to employee and reallocation of responsibilities to younger employee warrants a trial on employee’s age discrimination claim. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Richard J. Durepo, Jr. (Plaintiff), brings this action against his former employer, Eastman Chemical

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Overtime Exemption for Administrative Employees Narrowed

The First Circuit Court of Appeals has issued a ruling narrowing the overtime exemption for administrative employees, providing greater overtime rights for administrative workers.” United States Court of Appeals, For the First Circuit SUMMARY: (court decision – opens in PDF) “Compliance with the Fair Labor Standards Act’s (‘FLSA’) overtime pay requirements is critical to ensuring worker protections. Before us, Appellant,

Read More »

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Read More »

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

Read More »

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